Trade Marks and Food Origin Protection in the UK and EU: The Case of Manchego Cheese

Introduction

In the modern food economy, the origin of a product can carry as much commercial weight as its taste or quality. Across Europe—and increasingly globally—consumers are drawn to foods with specific regional identities that suggest authenticity, tradition, and quality. This demand has given rise to a complex system of intellectual property rights (IPR) that protect the names and reputations of regional foods. Among these, geographical indications (GIs) play a pivotal role, particularly in the European Union and the United Kingdom. One of the most illustrative examples of this system in action is Manchego cheese from Spain.

The general framework of food origin protection through trademarks in the UK and EU, the process by which Manchego cheese obtained its GI protection, and the ramifications for producers, regulators, and consumers are all covered in this article.

Understanding Trade Marks and Geographical Indications

What is a trademark?

A trademark is a symbol used to differentiate one company’s products or services from those of other companies. It could be made up of sounds, logos, symbols, or even words. Trademarks serve to safeguard a company’s or product’s identity and reputation and are inextricably linked to personal branding.

The EU Trade Mark Regulation (EUTMR) and the UK’s Trade Marks Act 1994 both regulate trademarks. In addition to offering legal protection, registration enables the owner to stop unauthorised use by other market participants.

What is a Geographical Indication (GI)?

GIs, on the other hand, are collective rights that are connected to a particular geographic origin and a collection of customs or reputational attributes that are connected to that location rather than a business. They are made to make sure that the name can only be used for goods that actually come from that area.

There are three main types of GI protections in the EU:

1. Protected Designation of Origin (PDO) – Requires that all production steps (raw materials, processing, and preparation) occur within the region.
2. Protected Geographical Indication (PGI) – Requires that at least one stage occurs in the region.
3. Traditional Speciality Guaranteed (TSG) – Focuses on traditional characteristics without requiring geographic origin.

With distinct registers for the UK, Northern Ireland, and international protections, the UK has a similar system in place for food, drink, and agricultural products under its own GI schemes since Brexit.

The Legal and Cultural Significance of GIs

Why Do GIs Matter?

GIs serve multiple functions:

• Economic development: They empower rural producers by creating a premium market for traditional products.
• Cultural preservation: GIs protect culinary heritage and regional identities.
• Consumer protection: They help ensure that consumers get the quality they expect.

GIs are jointly owned by the individuals or companies in a given regionthat adhere to a specification document, as opposed to trademarks, which can be sold or licenced separately.

Case Study: Manchego Cheese

Origin and Characteristics

For centuries, the La Mancha region of central Spain has produced Manchego cheese, a semi-hard cheese made from the milk of Manchega sheep. It is renowned for its firm texture, rich, buttery flavour, and unique zigzag rind. The region’s topography, climate, and livestock are all closely related to the traditional production methods.

Journey to Geographical Indication Status

Manchego’s journey to legal protection serves as an example of how a local product can legally establish its identity.

• Denomination of Origin (DO) in Spain (1984): Spain first granted the DO status to Manchego cheese, laying the foundation for future protection.
• EU PDO Registration (1996): Manchego received PDO status under EU law, which meant that only cheese produced using traditional methods and entirely in La Mancha from Manchega sheep milk could be called “Manchego.”

Specification and Enforcement

The PDO specification for Manchego includes:

• Milk must be from 100% Manchega sheep.
• Cheese must be produced and matured within the La Mancha region.
• certain ageing periods (minimum 30 days for small cheeses and minimum 60 days for larger cheeses).
• Use of unique certification seals and labelling is required.

Monitoring compliance, approving labels, and combatting misuse of the term “Manchego” are the responsibilities of the Regulatory Board of the Manchego Designation of Origin (Consejo Regulador de la Denominación de Origen Queso Manchego).

GIs vs. Trade Marks: Conflict and Coexistence

Although GIs and trademarks can coexist, conflicts can occur, particularly when private businesses attempt to register marks that are similar to protected GIs.

Key Legal Conflicts

• Manchego vs. Manchega Imitations: Spanish courts and the EU Intellectual Property Office (EUIPO) have repeatedly ruled against companies attempting to use similar-sounding names or visual cues that imply Manchego origin.
• “Genericness” Claims: Some non-European producers (e.g., in Latin America or the U.S.) have tried to argue that “Manchego” has become a generic term. However, both the EU and UK reject this, recognising “Manchego” as a protected and specific PDO.
• Graphic Elements: In a landmark decision in 2020, the Spanish Supreme Court held that packaging that featured La Mancha-related imagery, such as Don Quixote, could violate the Manchego PDO even if the word “Manchego” was not used.

This illustrates how GIs provide more comprehensive protection than trademarks, including defence against branding or evocative imagery that could deceive customers.

Post-Brexit UK Situation

GI protections have been preserved under new domestic legislation since the UK’s exit from the EU, and the Department for Environment, Food & Rural Affairs (DEFRA) keeps a separate register. Manchego and other current EU GIs that were registered prior to 2021 are still recognised in the UK.

Important details for the UK market:

• Producers who wish to obtain protection in both the UK and the EU must now register in both jurisdictions.
• Northern Ireland Protocol: An extra layer of complexity is added by the fact that EU GIs are still applicable in Northern Ireland.

Using Trademarks Strategically in the Food Industry

Despite the fact that GIs provide strong protection for products based on origin, trademarks continue to be a valuable addition. As an example:

• In order to differentiate their product within the GI category, a PDO Manchego manufacturer may also possess a trademark for their individual brand (such as “Quesos Don Juan”).
• Businesses that wish to establish unique brands but manufacture outside of GI regions are forced to rely entirely on trademarks.

However, trademark applicationsmay be denied or deemed invalid if care is not taken to prevent confusion with already-existing GIs.

Implications for Businesses and Producers

For Regional Producers

• By reducing competition and maintaining market value, GIs give traditional producers more power.
• They provide entry toexport markets, where GI labels are frequently regarded as indicators of excellence.

For New Participants

• Producers who are not in the GI region have to be mindful of naming restrictions.
• In order to avoid violating already-existing GIs, creative branding is required.

For Lawyers

• It takes thorough clearance and specification review to provide advice on the coexistence of GIs and trademarks.
• Particularly in the wake of Brexit and changing international trade agreements, cross-border conflicts are becoming more frequent.

In conclusion

The story of Manchego cheese exemplifies how legal frameworks can enshrine the cultural and economic value of traditional food products. Manchego maintains its authenticity and commands premium market positioning and worldwide recognition thanks to its PDO status.

Businesses need to comprehend how geographical indications and trademarks interact as the UK and EU continue to develop and improve their systems for protecting food origin. For manufacturers, this entails matching their goods to specifications. It necessitates the skilful navigating of two overlapping but different regimes for attorneys and brand advisors.

Whether it’s promoting your own local speciality or savouring a bit of Manchego, origin matters and the law is ready to protect it.

tmr@trademarkroom.com